HOUSE BILL NO. 1913 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE WILLIAMS.
5514H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapters 537 and 573, RSMo, by adding thereto two new sections relating to the disclosure of intimate digital depictions, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 537 and 573, RSMo, are amended by adding thereto two new 2 sections, to be known as sections 537.043 and 573.570, to read as follows: 537.043. 1. As used in this section, the following terms shall mean: 2 (1) "Consent", consent or lack of consent may be expressed or implied. Assent 3 does not constitute consent if: 4 (a) It is given by a person who lacks the mental capacity to authorize the conduct 5 charged to constitute the offense and such mental incapacity is manifest or known to the 6 creator; 7 (b) It is given by a person who by reason of youth, mental disease or defect, 8 intoxication, a drug-induced state, or any other reason is manifestly unable or known by 9 the creator to be unable to make a reasonable judgment as to the nature or harmfulness 10 of the conduct charged to constitute the offense; or 11 (c) It is induced by force, duress, or deception; 12 (2) "Creator", any person who utilizes or deploys artificial intelligence or other 13 digital technology to generate synthetic media. "Creator" shall not include the provider 14 or developer of any technology used in the creation of synthetic media; 15 (3) "Depicted individual", an individual who, as a result of digitization or by 16 means of digital manipulation, appears in whole or in part in an intimate digital 17 depiction and who is identifiable by virtue of the individual’s face, likeness, or other
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1913 2
18 distinguishing characteristic, such as a unique birthmark or other recognizable feature, 19 or from information displayed in connection with the digital depiction; 20 (4) "Digital depiction", a realistic visual depiction of an individual that has been 21 created or altered using digital manipulation; 22 (5) "Intimate digital depiction", a digital depiction of an individual that has been 23 created or altered using digital manipulation and that depicts: 24 (a) The uncovered genitals, pubic area, anus, or postpubescent female nipple of 25 an identifiable individual; 26 (b) The display or transfer of bodily sexual fluids: 27 a. Onto any part of the body of an identifiable individual; or 28 b. From the body of an identifiable individual; or 29 (c) An identifiable individual engaging in sexually explicit conduct; 30 (6) "Sexually explicit conduct", actual or simulated: 31 (a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or 32 oral-anal, whether between persons of the same or opposite sex; 33 (b) Bestiality; 34 (c) Masturbation; 35 (d) Sadistic or masochistic abuse; or 36 (e) Lascivious exhibition of the genitals or pubic area of any person. 37 2. Except as provided in subsection 8 of this section, an individual who is the 38 subject of an intimate digital depiction that is disclosed without the consent of the 39 individual where such disclosure was made by a creator who knows that or recklessly 40 disregards whether the individual has not consented to such disclosure may bring a civil 41 action against that other person in an appropriate circuit court for relief as set forth in 42 subsections 5 and 6 of this section. 43 3. In the case of an individual who is under eighteen years of age or is 44 incompetent, incapacitated, or deceased, the legal guardian of the individual or 45 representative of the individual's estate, another family member, or any person 46 appointed as suitable by the court may assume the individual's rights under this section, 47 but in no event shall the defendant be named as such representative or guardian. 48 4. For the purposes of an action under subsection 2 or 3 of this section: 49 (1) An individual's consent to the creation of the intimate digital depiction shall 50 not establish that the individual consented to its disclosure; 51 (2) Consent shall be deemed validly given only if: 52 (a) It is set forth in an agreement written in plain language signed knowingly and 53 voluntarily by the depicted individual; and HB 1913 3
54 (b) The written agreement includes a general description of the intimate digital 55 depiction and, if applicable, the audiovisual work into which the depiction will be 56 incorporated. 57 5. In a civil action filed under this section, an individual may recover any of the 58 following: 59 (1) An amount equal to the monetary gain made by the defendant from the 60 creation, development, or disclosure of the intimate digital depiction; 61 (2) Either of the following: 62 (a) The actual damages sustained by the individual as a result of the intimate 63 digital depiction, including damages for emotional distress; or 64 (b) Liquidated damages in the amount of one hundred fifty thousand dollars; 65 (3) Punitive damages; and 66 (4) The cost of the action, including reasonable attorney's fees and other 67 litigation costs reasonably incurred. 68 6. In a civil action filed under this section, a court may, in addition to any other 69 relief available at law, order equitable relief including a temporary restraining order, a 70 preliminary injunction, or a permanent injunction ordering the defendant to cease 71 display or disclosure of the intimate digital depiction. 72 7. In ordering relief under this section, the court may grant injunctive relief 73 maintaining the confidentiality of a plaintiff by using a pseudonym. 74 8. An identifiable individual shall not bring an action for relief under this section 75 relating to: 76 (1) A disclosure made in good faith: 77 (a) To or by a law enforcement officer or agency in the course of reporting or 78 investigating unlawful activity or unsolicited or unwelcome conduct; or 79 (b) As part of a legal proceeding; 80 (2) A matter of legitimate public concern or public interest, except that it shall 81 not be considered a matter of legitimate public interest or public concern solely because 82 the depicted individual is a public figure; or 83 (3) A disclosure reasonably intended to assist the identifiable individual. 84 9. A court may authorize an in camera proceeding under this section. 85 10. It shall not be a defense to an action under this section that there is a 86 disclaimer stating that the intimate digital depiction of the depicted individual was 87 unauthorized or that the depicted individual did not participate in the creation or 88 development of the material. 89 11. For the purposes of this section, a provider of an interactive computer service 90 shall not be held liable due to: HB 1913 4
91 (1) Any action voluntarily taken in good faith to restrict access to or availability 92 of intimate digital depictions; 93 (2) Content provided by another person; or 94 (3) Any action taken to enable or make available to information content 95 providers or other persons the technical means to restrict access to intimate digital 96 depictions. 573.570. 1. As used in this section, the following terms shall mean: 2 (1) "Depicted individual", an individual who, as a result of digitization or by 3 means of digital manipulation, appears in whole or in part in an intimate digital 4 depiction and who is identifiable by virtue of the individual’s face, likeness, or other 5 distinguishing characteristic, such as a unique birthmark or other recognizable feature, 6 or from information displayed in connection with the digital depiction; 7 (2) "Digital depiction", a realistic visual depiction of an individual that has been 8 created or altered using digital manipulation; 9 (3) "Intimate digital depiction", a digital depiction of an individual that has been 10 created or altered using digital manipulation and that depicts: 11 (a) The uncovered genitals, pubic area, anus, or postpubescent female nipple of 12 an identifiable individual; 13 (b) The display or transfer of bodily sexual fluids: 14 a. Onto any part of the body of an identifiable individual; or 15 b. From the body of an identifiable individual; or 16 (c) An identifiable individual engaging in sexually explicit conduct; 17 (4) "Sexually explicit conduct", actual or simulated: 18 (a) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or 19 oral-anal, whether between persons of the same or opposite sex; 20 (b) Bestiality; 21 (c) Masturbation; 22 (d) Sadistic or masochistic abuse; or 23 (e) Lascivious exhibition of the genitals or pubic area of any person. 24 2. A person commits the offense of disclosure of an intimate digital depiction if 25 the person discloses or threatens to disclose an intimate digital depiction: 26 (1) With the intent to harass, annoy, threaten, alarm, or cause substantial harm 27 to the finances or reputation of the depicted individual; or 28 (2) With the actual knowledge that, or reckless disregard for whether, such 29 disclosure or threatened disclosure will cause physical, emotional, reputational, or 30 economic harm to the depicted individual. 31 3. (1) A violation of subsection 2 of this section shall be a class E felony. HB 1913 5
32 (2) A violation of subsection 2 of this section shall be a class C felony if: 33 (a) The violation is a second or other subsequent violation of subsection 2 of this 34 section; or 35 (b) The violation is such that the digital depiction could be reasonably expected 36 to: 37 a. Affect the conduct of any administrative, legislative, or judicial proceeding of 38 a federal, state, local, or tribal government agency, including the administration of an 39 election or the conduct of foreign relations; or 40 b. Facilitate violence. 41 4. It shall not be a defense to an action under this section that there is a 42 disclaimer stating that the intimate digital depiction of the depicted individual was 43 unauthorized or that the depicted individual did not participate in the creation or 44 development of the material. 45 5. Nothing in this section shall be construed to impose liability upon the 46 following entities: 47 (1) An interactive computer service, as defined in 47 U.S.C. Section 230(f)(2); 48 (2) A provider of public mobile services or private mobile radio services, as those 49 terms are defined under section 573.110; and 50 (3) A telecommunications network or broadband provider. ✔
Statutes affected: